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McAllister v. United States, 348 U.S. 19 (1954)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McAllister v. United States, 348 U.S. 19 (1954)
McAllister v. United States No. 23 Argued October 19, 1954 Decided November 8, 1954 348 U.S. 19
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. In reviewing a judgment of a Federal District Court, sitting without a jury in admiralty, an appellate court exercises no greater scope of review than it exercises under Rule 52(a) of the Federal Rules of Civil Procedure. A reviewing court may not set aside the judgment below unless it is "clearly erroneous." Pp. 20-21.
2. On the record in this case under the Suits in Admiralty Act, the evidence was sufficient to sustain the finding of the District Court that petitioner contracted polio as a result of the negligence of the master of his ship in taking aboard, transporting, and exposing the crew to contacts with, Chinese soldiers, truck drivers, and mechanics from Shanghai, where the master knew polio to be prevalent, and the District Court’s judgment for petitioner was not "clearly erroneous." Pp. 21-23.
207 F.2d 952 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," McAllister v. United States, 348 U.S. 19 (1954) in 348 U.S. 19 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VD4PR79UB4AK6GS.
MLA: U.S. Supreme Court. "Syllabus." McAllister v. United States, 348 U.S. 19 (1954), in 348 U.S. 19, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VD4PR79UB4AK6GS.
Harvard: U.S. Supreme Court, 'Syllabus' in McAllister v. United States, 348 U.S. 19 (1954). cited in 1954, 348 U.S. 19. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VD4PR79UB4AK6GS.
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